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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Putra, Farandi Wiryanata
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Law, Crime, Criminology & Criminal Justice

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Analisis Fiqh Siyasah Terhadap Peran Hakim Pengawasan dan Pengamatan Berdasarkan Pasal 277 j.o Pasal 280 KUHAP Putra, Farandi Wiryanata; Frenki, Frenki; Vinanda, Olivia Rizka
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15315

Abstract

This research discusses the Fiqh Siyasah Analysis of the Role of Supervision and Observation Judges based on Pasal 277 jo Pasal 280 of UU Number 8 of 1981 concerning Criminal Procedure Law (KUHAP) at the Menggala Class IIB District Court of Tulang Bawang Regency. The focus of this study is to evaluate the implementation of the judge's function in supervising the implementation of court decisions and reviewing its suitability with the principles of fiqh siyasah. The research used descriptive qualitative methods with data collection techniques through interviews and documentation. The results showed that the implementation of the duties of supervisory judges and observations in the field still faced obstacles such as limited human resources, lack of technical understanding, and the absence of standardized operational guidelines. In the perspective of fiqh siyasah, this role is a shar'i mandate that aims to maintain substantive justice and protect the rights of prisoners. Optimizing this role is important to ensure the implementation of the law in accordance with sharia and universal values of justice. This research is expected to enrich the study of Islamic law, become an academic reference, and provide practical recommendations to improve the effectiveness of the implementation of Kimwasmat in court.
Teokrasi dan Musyawarah dalam Pemerintahan Nabi Muhammad Saw Mengenai Kajian Konstitusional atas Piagam Madinah Habib Habiby Tambunan, Alreza Revaldo; Putra, Farandi Wiryanata; Latua, Abidin
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15584

Abstract

The Islamic system of government has undergone significant development throughout the history of the Muslim community. Beginning with the leadership of Prophet Muhammad SAW, governance was based on divine revelation and the principles of justice and consultation. The period of the Khulafaur Rasyidin continued this legacy by emphasizing shura (consultation) and leadership equality. However, a notable shift occurred during the Umayyad Dynasty, which introduced hereditary monarchy, followed by the Abbasid Dynasty, which developed a more complex governmental bureaucracy. This study addresses the characteristics of Islamic governance in each period and how these transformations affected the core principles of Islamic rule. The research employs a descriptive-qualitative method with a historical-comparative approach, aiming to analyze the dynamics and transformation of government systems from the Prophet Muhammad's era to the Abbasid Dynasty. The findings reveal that although core Islamic values such as justice, consultation, and adherence to Sharia remained foundational, the exercise of power shifted from collective to monarchical structures. This study concludes that socio-political contexts greatly influenced the form and implementation of governance in Islamic history.
Co-Authors Frenki Frenki Habib Habiby Tambunan, Alreza Revaldo Latua, Abidin VINANDA, OLIVIA RIZKA